Article 1Citation and commencement#
(1)This Act of Sederunt may be cited as the Act of Sederunt (Amendment of the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009) 2009 and comes into force on 30thNovember 2009.
(2)This Act of Sederunt is to be inserted in the Books of Sederunt.
Article 2Actions relating to regulated agreements#
(1)The Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 is amended in accordance with the following subparagraphs.
(2)For paragraph 2(2) (ordinary cause rules) substitute—“2 After rule3.2 (actions relating to heritable property) insert—3.2A In an action which relates to a regulated agreement within the meaning given by section189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of that agreement.”
(3)For paragraph 3(2) (summary application rules) substitute—“2 In rule2.4 (the initial writ), after paragraph(4) insert—4A In an action which relates to a regulated agreement within the meaning given by section189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of the agreement.”
(4)For paragraph 4(2) (summary cause rules) substitute—“2 After rule4.2 (statement of claim) insert—4.2A In an action which relates to a regulated agreement within the meaning given by section189(1) of the Consumer Credit Act 1974 the statement of claim shall include an averment that such an agreement exists and details of the agreement.”
(5)For paragraph 5(2) (small claim rules) substitute—“2 After rule4.2 (statement of claim) insert—4.2A In an action which relates to a regulated agreement within the meaning given by section189(1) of the Consumer Credit Act 1974 the statement of claim shall include an averment that such an agreement exists and details of the agreement.”
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